MustI appear ifI have been subpoenaedin adivorce case?
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MustI appear ifI have been subpoenaedin adivorce case?
I’m an ex-girlfriend in a divorce case. A deposition subpoena was brought to my house; I wasn’t home so my mother signed for it. Do I have to show up for this? I live in KY but the divorce case/deposition is in TN. Shamefully, I had an affair with the man for several years during the marriage, even after the wife filed for divorce. I was not the reason for the wife filing for divorce; she know nothing about me until after she filed. What impact could my deposition have on this divorce case? Can I refuse to do the deposition?
Asked on August 16, 2010 under Family Law, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You are probably some sort of supporting evidence for the Wife in the making of a case for adultery or a mental cruelty cause of action. It is not a subpoena to appear at trial but to take your testimony. Technically you have to act to quash the subpoena based upon whatever reason that may apply in your case (like a travel hardship). You may want to ask if they can take your deposition on written questions where they would send you questions that you have to answer and then sign a verification that you are swearing to the truth of the answers. I would consult with an attorney in the area. Do not just ignore it. Good luck.
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